Civil Procedure; HDFC Bank Limited Vs. Ashapura Minechem Limited [Gujarat High Court, 13-10-2017]

Civil Procedure Code, 1908 – O. VII R. 11 – Rejection of the Plaint – The word “shall” used in Order VII Rule 11 also cast duty on the Court to reject the plaint when it is hit by any of the clauses mentioned in Rule 11. [Para 11]

Specific Relief; Ved Prakash Vs. Krishan Kumar Gupta [Himachal Pradesh, 17-08-2017]

Code of Civil Procedure, 1908 – S. 100 – Specific Relief Act, 1963 – S. 16 (c) – Perverse Order – Second Appeal – “readiness and willingness” – the findings recorded by the learned Courts below regarding “readiness and willingness” of the parties to perform their part of obligation are pure […]

Land Acquisition; Ramesh Chand Vs. Tanmay Developers [Supreme Court of India, 26-04-2017]

Once remedy in the form of civil suits had been resorted to it was not at all proper exercise of power to invoke provisions under Section 30 of the Land Acquisition Act, 1894 with regard to apportionment of the compensation by directing refund of earnest money.

Specific Performance; A. Kanthamani Vs. Nasreen Ahmed [Supreme Court of India, 06-03-2017]

The filing of the suit for specific performance of an agreement/contract is governed by Section 16(c) of the Specific Relief Act, 1963 read with Article 54 of the Schedule to the Limitation Act, 1963. Form Nos. 47 and 48 of Appendix ‘A’ to Code of Civil Procedure, 1908 prescribe the […]

Specific Relief; E.N. Chandran Vs. Valsan Matathil [Kerala High Court, 06-01-2017]

In the absence of a prayer for recovery of possession of the property on the strength of title, the plaintiff cannot maintain a suit for declaration simplicitor.

Agreement; Jiten Chandra Ghosh Vs. Nipendra Chandra Ghosh [Calcutta High Court, 08-07-2016]

Agreement for Sale – Not entitled to obtain a decree for specific performance as lacked readiness and willingness to perform under the agreement for sale. Agreement for Sale IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Appellate Side Present : The Hon’ble Mr. Justice Ashis Kumar Chakraborty Judgement on : 08.07.2016 […]

Specific Relief; Rajendra Singh Vs. Chandra Pal [Allahabad High Court, 13-05-2016]

Specific Relief Act, 1963 – Section 20 – Discretion as to decreeing specific performance – Suit for Specific Performance – Guidelines for discretion of granting and refusing relief of specific performance. Specific Performance HIGH COURT OF JUDICATURE AT ALLAHABAD Hon’ble Pramod Kumar Srivastava, J. 13 May, 2016 SECOND APPEAL No. – 291 […]

SC directs IOCL to restore LPG distributorship in favour of Exservicemen

The Supreme Court of India on Tuesday, 1 December 2015 in the case of Indian Oil Corporation Ltd. Vs. Niloufer Siddiqui directed the Indian Oil Corporation Limited (IOCL) to restore the LPG distributorship in favour of respondent nos. 1 or 2 and 3 forthwith and submit a compliance report to this court. […]

Property Law; Vaneeta Khanna Vs. Rajiv Gupta [Delhi High Court, 01-10-2015]

Object of Section 19(b) of the Specific Relief Act is to give precedence to a later sale deed of bona fide purchases for value without notice and not for giving precedence to transfer of later rights although rights in an immovable property has earlier already been validly transferred and in […]

Right to view to one’s building cannot be recognized as a legal right

The Kerala High Court on Friday 26 June 2015 in Thambi Cheriyan Vs. Babu held that “the claim of a right to view or prospect to one’s building cannot be recognized as a legal right enforceable by a court of law.” Therefore, Justice A. Hariprasad ruled that part of the decree […]